The basic allegations of the suit involve negligence in maintenance (including specific allegations that Jaro and Keough “failed to properly maintain, repair and inspect the subject ride, failed to follow manufacturer safety procedures and failed to maintain truthful and proper maintenance, repair and inspection records for the subject ride”); in training; and in inspections (including allegations that “Rossi, MAH and/or T.H.E. Insurance, independently or in concert, provided false, misleading and/or inaccurate safety and inspection certification or documentation to JARO for filing with the Massachusetts Department of Public Safety . . . .”

The core factual allegations about what happened track prior reports (see here for other documents), focusing on the alleged use of “broken, altered, improper and sub-standard seat mounting bolts and broken or sub-standard restraining bar mechanisms in various cars.” And, of course, it notes that McCullough pleaded guilty to criminal manslaughter, presumably resulting in the application of negligence per se.

When someone receives benefits from the state in medical care and later obtains money (i.e., from a settlement), the state often has a right of subrogation, much like an insurance company, to get back its costs. I assume that is what’s going on here.